S.Amdt. 3892

1. Adds SEC. 515. USE OF THE NATIONAL GUARD FOR SUPPORT OF CIVILIAN FIREFIGHTING ACTIVITIES at the end of subtitle B of title V

   Adds a section

   In S. 2410 · Placed on Calendar Senate

   The Office of Employer Support for the Guard and Reserve (ESGR) shall, using funds available to the Office under this Act, take appropriate actions to increase the number of program support specialists in the States in order to reduce the number of unemployed and underemployed members of the National Guard and to educate employers on requirements of chapter 43 of title 38, United States Code (commonly referred to as "USERRA").

   Inserted: SEC. 515. USE OF THE NATIONAL GUARD FOR SUPPORT OF CIVILIAN FIREFIGHTING ACTIVITIES.

   Inserted: (a) Operational Use Authorized.--

   Inserted: (1) In general.--Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section:

   Inserted: "Sec. 116. Operational use: support for civilian firefighting activities

   Inserted: "(a) Basis of Authority.--The authority in this section is based on a recognition of the basic premises of the National Incident Management System and the National Response Framework that--

   Inserted: "(1) incidents are typically managed at the local level first; and

   Inserted: "(2) local jurisdictions retain command, control, and authority over response activities for their jurisdictional areas.

   Inserted: "(b) Assistance to Civilian Firefighting Organizations Authorized.--Members and units of the National Guard are authorized to support firefighting operations, missions, or activities, including aerial firefighting employment of the Modular Airborne Firefighting System (MAFFS), undertaken in support of a Federal or State agency or other civilian authority.

   Inserted: "(c) Role of Governor and State Adjutant General.--For the purposes of subsection (a)--

   Inserted: "(1) the Governor of a State shall be the principal civilian authority; and

   Inserted: "(2) the adjutant general of the State--

   Inserted: "(A) shall be the principal military authority, when acting in the adjutant general's State capacity; and

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   Inserted: "(B) has the primary authority to mobilize members and units of the National Guard of the State in any duty status under this title the adjutant general considers appropriate to employ necessary forces when funds to perform such operations, missions, or activities are reimbursed.".

   Inserted: (2) Clerical amendment.--The table of sections at the beginning of chapter 1 of such title is amended by adding at the end the following new item:

   Inserted: "116. Operational use: support for civilian firefighting activities.".

   Inserted: (b) Active Guard and Reserve (AGR) Support.--Section 328(b) of such title is amended by inserting "duty as specified in section 116(b) of this title or may perform" after "subsection (a) may perform".

   Inserted: (c) Federal Technician Support.--Section 709(a)(3) of such is amended by inserting "duty as specified in section 116(b) of this title or" after "the performance of" the first place it appears.

   Original wording

   At the end of subtitle B of title V, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed